Speaking Truth to Power submitted FOIA requests to the Defense Department and the Energy Department for records concerning two nuclear armament incidents known as "Bent Spear" or "Dull Sword" that occurred sometime between June 1992 and October 2007. Receipt of the request was acknowledged by the National Nuclear Security Administration and the Secretary of Defense and Joint Staff, but neither the Energy Department nor any of the other components of the Defense Department had responded by the time Speaking Truth to Power filed suit.Complaint issues: disclosure of all responsive records, enjoin agencies from charging any search; review; or duplication costs, attorney's fees

FOIA Project Annotation: A federal court in Pennsylvania has ruled that Speaking Truth to Power is not eligible for attorney's fees in its case against the Defense Department because it did not substantially prevail. STTP requested records about Bent Spear and Dull Sword reports from the Air Force Air Command, the Office of the Secretary of Defense, and the National Nuclear Security Administration. All three components acknowledged receipt of the request and indicated they would begin processing the request. STTP filed suit less than a month after receiving DOD's acknowledgment letters. All three DOD components found responsive records and STTP did not challenge their responses. Finding that STTP had not shown that its lawsuit had caused the agency to disclose more records, the court explained that "STTP does not contest the Government's assertion that the disclosures would have been the same regardless of whether a complaint had been filed. At no point did any of the agencies in question refuse to produce records, and STTP did not challenge the documentation it received." The court added that "in the absence of any exigent circumstances or obduracy on the part of the target agencies, it is inappropriate for information seekers to eschew the administrative process in favor of premature litigation in federal court. The attorney's fee provision in FOIA was not meant to encourage the use of judicial resources in this fashion."
Issues: Litigation - Attorney's fees - Eligibility

COMPLAINT against UNITED STATES AIR FORCE AIR COMBAT COMMAND, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION, UNITED STATES OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF ( Filing fee $ 400 receipt number 096866.), filed by SPEAKING TRUTH TO POWER. (Attachments: # 1 Civil Cover Sheet)(mima, ) (Entered: 02/27/2014)

2014-02-27

Summons Issued as to UNITED STATES AIR FORCE AIR COMBAT COMMAND, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION, UNITED STATES OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF. Six Given To: Counsel, One Forwarded To: AUSA, on February 27, 2014 (mima, ) (Entered: 02/27/2014)

2014-02-28

2

Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (rf, ) (Entered: 02/28/2014)

2014-03-20

3

MOTION to Consolidate Cases Before a SIngle Judge filed by UNITED STATES AIR FORCE AIR COMBAT COMMAND, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION, UNITED STATES OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF.Certificate of Nonopposition, Certificate of Service.(JOHNSON, THOMAS) (Entered: 03/20/2014)

2014-03-25

4

ORDER THAT MOTION TO CONSOLIDATE THESE RELATED CASES BEFORE A SINGLE JUDGE IS GRANTED. CASES ARE HEREBY CONSOLIDATED BEFORE JUDGE HARVEY BARTLE III. SIGNED BY HONORABLE PETRESE B. TUCKER ON 3/24/14. 3/25/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 03/25/2014)

ORDER THAT FACT DISCOVERY DUE BY 9/30/2014., DISPOSITVE MOTIONS DUE BY 10/31/2014., MOTION FOR SUMMARY JUDGMENT DUE BY 10/31/2014.SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/4/14. 4/4/14 ENTERED AND COPIES EMAILED.(rf, ) *ORDER VACATED PER COURT OF 09/30/14, DOC. 12* (Entered: 04/04/2014)

2014-07-11

7

MOTION for Extension of Time to File Response/Reply filed by UNITED STATES AIR FORCE AIR COMBAT COMMAND, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION, UNITED STATES OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF.Certificate of Service, Certificate of Nonopposition.(JOHNSON, THOMAS) (Entered: 07/11/2014)

2014-07-15

8

ORDER THAT FEDERAL DEFENDANTS MOTION IS GRANTED. DEFENDANTS MAY FILE THEIR RESPONSE ON OR BEFORE 9/15/14. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/15/14. 7/16/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 07/16/2014)

2014-09-15

9

ANSWER to 1 Complaint, and Affirmative Defenses by UNITED STATES AIR FORCE AIR COMBAT COMMAND, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION, UNITED STATES OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF.(JOHNSON, THOMAS) (Entered: 09/15/2014)

2014-09-26

10

MOTION for Extension of Time to Complete Discovery filed by UNITED STATES AIR FORCE AIR COMBAT COMMAND, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION, UNITED STATES OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF.Certificate of Non-Opposition, Certificate of Service.(JOHNSON, THOMAS) (Entered: 09/26/2014)

2014-09-30

11

ORDER THAT THE UNOPPOSED MOTION FOR EXTENSION OF SCHEDULING DEADLINES (DOC. 10) IS GRANTED. SEE SECOND SCHEDULING ORDER DATED 9/30/14.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/30/14. 10/1/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 10/01/2014)

2014-09-30

12

SCHEDULING ORDER: FACT DISCOVERY DUE BY 11/14/2014., DISPOSITIVE MOTIONS DUE BY 12/15/2014., MOTION FOR SUMMARY JUDGMENT DUE BY 12/15/2014. THE FIRST SCHEDULING ORDER DATED 4/4/14 IS VACATED.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/30/14. 10/1/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 10/01/2014)

First MOTION for Attorney Fees and Costs filed by SPEAKING TRUTH TO POWER.Motion for an Award of Attorney's Fees and Costs and Declaration. (Attachments: # 1 Exhibit Exhibit 1)(ZACHER, JULES) (Entered: 04/27/2015)

2015-05-11

16

MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR AN AWARD OF ATTORNEY'S FEES AND COSTS re 15 First MOTION for Attorney Fees and Costs, filed by UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF. (JOHNSON, THOMAS) Modified on 5/14/2015 (md). (Entered: 05/11/2015)

2015-05-15

17

ORDER THAT DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR AN AWARD OF ATTORNEY'S FEES AND COSTS IS GRANTED AND MAY FILE THEIR RESPONSE ON OR BEFORE MAY 21, 2015. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/15/15.5/15/15 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, ) (Entered: 05/15/2015)

2015-05-15

Set/Reset Deadlines as to 15 First MOTION for Attorney Fees and Costs . RESPONSES DUE BY 5/21/2015. (jaa, ) (Entered: 05/15/2015)

2015-05-21

18

RESPONSE in Opposition re 15 First MOTION for Attorney Fees and Costs filed by UNITED STATES AIR FORCE AIR COMBAT COMMAND, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION, UNITED STATES OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF. (JOHNSON, THOMAS) (Entered: 05/21/2015)

2015-06-04

19

EXHIBIT A to Docket Number 18 filed on 5/21/15 by UNITED STATES AIR FORCE AIR COMBAT COMMAND, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION, UNITED STATES OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF.. (JOHNSON, THOMAS) (Entered: 06/04/2015)

MEMORANDUM AND ORDER THAT MOTION OF PLAINTIFF SPEAKING TRUTH TO POWER FOR AN AWARD OF ATTORNEYS FEES AND COSTS (DOC. 15) IS DENIED.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/9/15. 6/9/15 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 06/09/2015)